Torts and Liability

What are unintentional torts?

Negligence & Malpractice

Negligence

Unintentional: Expected standard of care has not been provided, or nurse was absent when the care was needed

• Failed to do what you should have done

Malpractice

Unintentional: Negligence or breach of duty, failure of nurse to provide ordinary skills or duties of the nurse which resulted in injury or loss

• You did something wrong

What are the three intentional torts?

Assault, Battery, & False Imprisonment

Assault

Intentional: Not physical harm but verbal harm

Battery

Intentional: Not include threat, offensive or unwanted by the client (physical harm)

False imprisonment

Intentional: Use of seclusion rooms or restraints

When is a nurse legally liable?

When a client is wrongfully harmed, injury/harm. 

• Client fails, suicide attempts. Med errors, patient claims assault or battery, physical/chemical restraints